Legal and Special Issues in Policing

Attenuation

An exception to the exclusionary rule that applies when the link between the unconstitutional acts and the evidence becomes weak due to intervening time or events

Automobile Exception

An exception to the warrant requirement holding that police do not need warrants to search automobiles, just probable cause

Derivative Evidence Rule

An extension to the exclusionary rule holding that evidence derived from something that is illegally searched or seized is itself inadmissible; also known as the fruit of the poisonous tree doctrine

Dual Arrest

The arrest of both parties in a physical altercation instead of identifying and arresting only the primary aggressor

Exclusionary Rule

The rule that illegally obtained evidence cannot be used against a criminal defendant at trial

Fruit of the Poisonous Tree Doctrine

Another name for the derivative evidence rule, which excludes evidence derived from an illegal search or seizure

Good Faith Exception

Exception to the exclusionary rule allowing illegally obtained evidence to be used if officers relied in good faith on an invalid warrant

Independent Source

Exception to the exclusionary rule permitting the use of evidence discovered independently of any improper search or seizure

Inevitable Discovery

Exception to the exclusionary rule allowing illegally obtained evidence to be admissible if it would inevitably have been discovered through legal means

Intimate Partner Violence

An assault on a person with whom the attacker is intimately involved

Mandatory Arrest Policy

Requires officers to make an arrest when there is evidence of an assault

Miranda Warnings

Notifications that police must give suspects about their rights prior to beginning custodial interrogation

Probable Cause

The amount of evidence necessary to obtain a warrant or conduct most searches and seizures

Public Safety Exception

Exception to Miranda requiring police to interrogate suspects without first warning them of their rights if there is a significant threat to public safety

Qualified Immunity

When a government official is shielded from being held personally responsible for an action they took in their official capacity

Reasonable Suspicion

Amount of evidence necessary for officers to conduct a stop-and-frisk or Terry stop

Search Incident to Arrest

A warantless search of a person and the area around that person, conducted shortly after the person is arrested

Standing

The legal ability to assert a particular constitutional claim

Stop-and-Frisk

Police action allowing the police, with reasonable suspicion, to briefly detain a person, question him about his activities, require him to show ID, and frisk him, or pat him down for weapons; also known as a Terry stop

Terry Stop

Another name for stop-and-frisk, in which the police, with reasonable suspicion, briefly detain a persons question him about his activities, require him to show ID, and frisk him or pat him down for weapons

Testimonial Evidence

Words or statements made by a person

Use of Force Continuum

Guideline depicting the appropriate amount of force a law enforcement officer may use in particular kinds of situations

Voluntariness Test

Rule that confessions are inadmissible unless made willingly

Warrant

A legal document, based on probable cause, permitting police to conduct a search or seizure or to arrest someone